Mealey's Litigation Procedure - ICSID Finds Argentina Is Liable To Pay Damages Over Toll Road Investment

PARIS - In a majority ruling, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 16 released its decision on liability in a dispute between a German company and the Argentine Republic, finding that Argentina breached its obligations under a bilateral investment...

Mealey's Litigation Procedure - U.S. Supreme Court: Order Dismissing LIBOR Suit Was Appealable

WASHINGTON, D.C. - An order dismissing one case alleging manipulation of the U.S. Dollar London Interbank Offered Rate (LIBOR) that had been consolidated with others in a multidistrict litigation triggered the plaintiffs' right to appeal under Title 28 U.S. Code Section 1291, a unanimous Supreme...

Mealey's Litigation Procedure - ICSID Rejects Program's Request For Provisional Measures Against New Guinea

WASHINGTON, D.C. - After rejecting the majority of a development program's request for provisional measures, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Jan. 21 ordered that the Independent State of Papua New Guinea refrain from interfering with the program's...

Mealey's Litigation Procedure - Singapore Court Finds Treaty Does Not Apply To Gaming Investment Dispute

SINGAPORE - A Singapore high court judge on Jan. 20 granted an application filed by the government of the Lao People's Democratic Republic (Laos) to have a dispute referred to the high court, finding that a bilateral investment treaty between the People's Republic of China (PRC) and Singapore...

Mealey's Litigation Procedure - 11th Circuit: Daubert Hearing Not Necessary To Admit Cell-Site Data Testimony

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Jan. 21 found no abuse of discretion in a trial court's decision to not hold a hearing under Daubert v. Merrell Dow Pharmaceuticals Inc. (509 U.S. 579, 113 S.Ct. 2786 [1993]) over the admissibility of expert testimony regarding cell-site data...

Mealey's Litigation Procedure - Indiana Federal Judge Finds Trafficking Class To Be Unmanageable

INDIANAPOLIS - An Indiana federal judge on Jan. 22 declined to certify a class of workers in the United States on H-1B visas who allege that they were forced to continue their labor in violation of the Trafficking Victims Protection Act (TVPA) and underpaid in violation of the Indiana Statutory Wage...

Mealey's Litigation Procedure - Federal Judge Confirms $9 Million ICC Award In Aircraft Lease Dispute

NEW YORK - A New York federal judge on Jan. 26 granted an aircraft corporation's petition to confirm a $9,644,659 arbitration award issued under the rules of the International Chamber of Commerce (ICC), finding that no triable issue of fact exists (Cessna Finance Corp. v. Gulf Jet LLC, et al., No...

Mealey's Litigation Procedure - Judge Requests Briefs On Whether Nigeria Is Required To Provide Discovery

WASHINGTON, D.C. - After finding that the Federal Government of Nigeria raised questions as to whether a foreign sovereign can be the proper subject of a notice of deposition that seeks to discover assets to be used to satisfy a $252 million arbitration award, a District of Columbia federal judge on...

Mealey's Litigation Procedure - Delaware Court Orders Withdrawal Of ICSID Arbitration Against Venezuela

HOUSTON - In response to a Delaware court order barring it from pursuing arbitration, a natural resource company on Jan. 29 announced that its affiliates have withdrawn their request for arbitration with the International Centre for Settlement of Investment Disputes (ICSID) against the Bolivarian Republic...

Mealey's Litigation Procedure - Energy Firm Seeks Enforcement Of $118M Award In Canada

TORONTO - A Canadian energy company on Jan. 28 announced that it has filed a petition to enforce a $118 million arbitration award that was issued in its favor and against the Kyrgyz Republic by a Russian arbitration court.

Mealey's Litigation Procedure - Paris Court Recognizes $746 Million ICSID Award Against Venezuela

SPOKANE, Wash. - A gold mining company on Jan. 29 announced that a Paris appeals court has entered a judgment recognizing and enforcing a $746 million award issued in its favor and against the Bolivarian Republic of Venezuela by the International Centre for Settlement of Investment Disputes (ICSID).

Mealey's Litigation Procedure - 11th Circuit: Class Suit Not Mooted By Offer Made Only To Lead Plaintiff

ATLANTA - A defendant's offer of judgment in a Telephone Consumer Protection Act (TCPA) class suit did not moot the claims pursuant to its ruling in Jeffrey Stein, D.D.S., M.S.D., P.A. v. Buccaneers Limited Partnership (772 F.3d 698, 701 [11th Cir. 2014]), the 11th Circuit U.S. Court of Appeals ruled...

Mealey's Litigation Procedure - West Virginia Federal Judge Grants Preliminary Approval Of $840,000 FCRA Settlement

HUNTINGTON, W.Va. - A West Virginia federal judge on Feb. 3 granted preliminary approval of an $840,000 settlement to be paid by an employer to end Fair Credit Reporting Act (FCRA) class claims brought by job applicants (Jason Smith, et al. v. Res-Care, Inc., No. 13-5211, S.D. W.Va.; 2015 U.S. Dist....

Mealey's Litigation Procedure - Utah High Court Finds P2P Investigation Evidence Admissible In Child Porn Case

SALT LAKE CITY - The Utah Supreme Court on Jan. 30 ruled that a peer-to-peer (P2P) network user had no reasonable expectation of privacy in files he shared publicly and, therefore, the government was permitted to submit evidence of child pornography files that he shared at trial (State of Utah v. Daniel...

Mealey's Litigation Procedure - Class Of Egg Donors Alleging Price Fixing Granted Partial Certification

SAN FRANCISCO - A California federal magistrate judge on Feb. 3 partially granted a motion for class certification filed by two egg donors who allege that compensation guidelines established by two reproductive societies constitute a price fixing agreement (Lindsay Kamakahi v. American Society for Reproductive...

Mealey's Litigation Procedure - 1st Circuit Finds Planned Parenthood Documents Properly Withheld In FOIA Request

BOSTON - Certain documents pertaining to a grant of federal funds to Planned Parenthood of Northern New England were properly withheld and redacted in response to a Freedom of Information Act (FOIA) request by an anti-abortion organization, a First Circuit U.S. Court of Appeals panel ruled Feb. 4, upholding...

Mealey's Litigation Procedure - 'Ex-Gay' Experts Barred From Testifying At Consumer Fraud Trial

JERSEY CITY, N.J. - Stating that "[t]he overwhelming weight of scientific authority concludes that homosexuality is not a disorder or abnormal," a New Jersey judge on Feb. 5 mostly granted a motion to exclude the expert testimony of a "reparative therapy" organization in a consumer...

Mealey's Litigation Procedure - Panel Affirms Sanctions For Counsel's Unjustified, Irrelevant Discovery Requests

LOS ANGELES - A California appeals panel on Feb. 9 deemed an attorney's subpoena on a defendant's husband and his discovery demands for personal financial documents to be unrelated to a dispute over an irrevocable trust, upholding a trial court judge's awarding of sanctions against the attorney...

Mealey's Litigation Procedure - 8th Circuit: Metallurgy Expert's Testimony Properly Limited In Negligence Suit

ST. PAUL, Minn. - A judge properly excluded part of the testimony of a metallurgy expert proffered by Union Pacific Railroad Co. in a suit over railcar axles related to two train derailments, an Eighth Circuit U.S. Court of Appeals panel ruled Feb. 11, finding that a gap existed between the data and...

Mealey's Litigation Procedure - ICSID Refuses To Rule On Admissibility Of Jurisdictional Objection

WASHINGTON, D.C. - After determining that the disputed issues in an arbitration and in ongoing criminal proceedings in Romania are not related, a tribunal for the International Centre for Settlement of Investment Disputes (ICSID) on Feb. 13 released its decision denying a motion for summary decision...

Mealey's Litigation Procedure - Judge Refuses To Vacate $1.6 Billion Award, Stays Case Pending Application

NEW YORK - A New York federal judge on Feb. 13 refused to vacate a judgment that confirmed a $1.6 billion award issued against Venezuela and in favor of various ExxonMobil entities, but stayed the case pending a decision by the International Centre for Settlement of Investment Disputes (ICSID) on Venezuela's...

Mealey's Litigation Procedure - Claims That City Failed To Follow 1982 Consent Decree Deemed Barred By Laches

JACKSONVILLE, Fla. - Claims filed in 2007 alleging that a Florida city in 1992 unilaterally stopped following a 1982 consent decree requiring certain hiring protocol for its fire department were filed too late and barred by laches, a Florida federal judge ruled Feb. 16 (Olivette Coffey Jr., et al. v...

Mealey's Litigation Procedure - English Justice Grants Egypt's Application To Set Aside Arbitration Award

LONDON - After finding that a Cairo tribunal's award of damages constituted a breach of natural justice, an England and Wales justice on Feb. 19 granted an application by the government of the Arab Republic of Egypt to set aside an arbitration award that was issued in favor of an English company...

Mealey's Litigation Procedure - English Justice Refuses To Set Aside Award, Finds Claim Was Time-Barred

LONDON - An England and Wales justice on Feb. 19 dismissed an appeal of an arbitration award in favor of a shipping company, finding that a demurrage claim asserted by the owners of a vessel was time-barred (Kassiopi Maritime Co. Ltd. v. Fal Shipping Co. Ltd., No. [2015] EWHC 318 [Comm], England and...

Mealey's Litigation Procedure - Texas Panel Reverses Order Compelling Examination Of Landlord's Hard Drive

DALLAS - A trial court abused its discretion in granting a plaintiff's motion to compel the forensic examination of his landlord's computer hard drive in a dispute over unpaid rent and a property lockout, a Texas appeals panel ruled Feb. 17, finding that the plaintiff did not establish that such...